Current Legal News

Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.

A select group of Tennessee attorneys will soon experience the honor of being admitted to practice before the U.S. Supreme Court during the 29th Annual TBA Academy Nov. 26-27 in Washington, D.C. This year's program includes a welcome reception with TBA President Jackie Dixon, group lunch and dinner, breakfast and tour of the court and private admission ceremony. The group will stay at the Mayflower Renaissance Hotel and will have the opportunity to network with some of the nation’s leading appellate practitioners. Registration is open through Oct. 15. Get details and directions on how to apply

U.S. Attorney General Eric Holder said Thursday that civil rights enforcement remains a federal priority, as he spoke in Oxford, Miss., on the 50th anniversary of the admittance of the first black student to the University of Mississippi. Holder said the Department of Justice continues to "strive for equal justice under law, and to be both rigorous and fair in our enforcement of the essential civil rights protections that so many have fought, and even died, to secure." Efforts to enroll James Meredith provoked a night of rioting in 1961, killing two and injuring hundreds. Holder said the injured included more than 160 marshals, who battled integration opponents outside the landmark Lyceum building at Ole Miss. TriCities.com carried the story

Tennessee’s longest serving state judge, Herschel P. Franks, who is presiding judge of the Court of Appeals, will retire from the court on Dec. 31. In an editorial, the Times Free Press praises Franks, saying "few have labored as fruitfully or as long on the bench, or earned as much respect and acclaim among their peers" as he has. In one notable case Franks, 83, ruled that the Tennessee Constitution's provision barring ministers from serving in the legislature and as delegates to state constitutional conventions violated ministers' civil rights under the U.S. Constitution. In another, he overturned traditional medical standards for keeping alive patients in an irreversible vegetative state.

The Tennessee Supreme Court has upheld the 45-day suspension of Chattanooga attorney Fred T. Hanzelik’s law license. In a unanimous opinion, the court affirmed the decision of a hearing panel of the Board of Professional Responsibility that Hanzelik violated ethics rules governing the collection of fees, communication with clients, expediting litigation, and cooperating with ethics investigations. Read more from the Administrative Office of the Courts

The Tennessee Supreme Court has upheld a 10-day suspension of a student at Hillsboro High School in Nashville in a ruling issued today. In 2008, senior Christian Heyne was suspended after the principal determined that Heyne had violated the school rule prohibiting “reckless endangerment.” The Chancery Court for Davidson County agreed with the Heynes, holding that the disciplinary process has been tainted by bias and procedural unfairness and the suspension was based on insufficient evidence. But the Court of Appeals reversed, and the Supreme Court agreed. Learn more from the court

Students from 12 high schools located in the 10th Judicial District will get to hear three state Supreme Court cases as participants in the Supreme Court Advancing Legal Education for Students (SCALES) program on Oct. 5. Funded by the Frist Foundation’s Ansley Fund, the program will bring more than 1,000 students and teachers to Tennessee Wesleyan College in Athens. After hearing arguments in actual cases there, the students will take part in a question and answer session with the participating attorneys. Read the full press release at TNcourts.gov.

The Putnam County Sheriff's Department will host Community Night in the Justice Center parking lot Friday, giving families a chance to have fun and visit with officers and other emergency personnel. The annual event, also called a Night Out Against Crime, features food and drink booths, games and drawings for door prizes for both kids and adults, educational booths and free blood pressure checks. The event is 5 to 8 p.m. Read more in the Herald Citizen

U.S. Magistrate Judge Clifford Shirley issued a ruling Wednesday turning aside former Criminal Court Judge Richard Baumgartner's contention the federal case brought against him earlier this year is fatally flawed, the News Sentinel reports. The decision, if upheld by U.S. District Judge Ronnie Greer of Greeneville, paves the way for an Oct. 23 trial of Baumgartner on seven felony counts. Baumgartner's lawyers, Donald A. Bosch and Ann Short, had attacked the federal charges on four major fronts, but Shirley rejected them all.

Tennessee lawyers will offer free legal services to those unable to afford a lawyer throughout the month of October as part of the national Celebrate Pro Bono initiative. Activities will include legal advice clinics, education programs, public presentations and other events. The initiative kicks off with four legal clinics on Oct. 2, with more than 40 events planned across the state during the month. Last year more than 350 volunteers assisted more than 1,100 clients. "Though the legal community generously donates pro bono services year-round, this special focus is designed to ensure that those in our communities who need free legal help know where to find it,” TBA President Jackie Dixon said.

Tennessee lawyers to offer free legal services across the state in October

NASHVILLE, Sept. 27, 2012 — Tennessee lawyers will offer free legal services to those unable to afford a lawyer throughout the month of October as part of the national Celebrate Pro Bono initiative. Activities will include legal advice clinics, education programs, public presentations and other events. The initiative kicks off with four legal clinics on Oct. 2, with more than 40 events planned across the state during the month.

The Belmont University College of Law presented its second Champions for Justice Award Wednesday to Gary Haugen, the president and CEO of International Justice Mission (IJM), an organization that secures justice for victims of slavery and sexual exploitation. “Make your work in the law connect to things that matter to the satisfaction of your own soul,” Haugen told the students. “There are places in the world where people die if the lawyers don’t show up. In such desperate places, it turns out that lawyers desperately matter.” Haugen’s appearance at Belmont came the day after he joined President Barack Obama at the Clinton Global Initiative event in New York, where the president announced that he had signed an executive order to stem the crime of human trafficking, a major focus of IJM’s work.

Chancellor Carol McCoy ruled Wednesday that Tennessee’s voter ID law does not violate citizens’ constitutional rights, the Tennessean reports. The judge’s ruling dealt a blow to challengers of the legality of such laws. The state’s constitution gives legislators rights to enact laws to “secure the freedom of elections,” McCoy noted during the hearing. Although opposing attorneys cited the constitution's requirement for citizens only to be of legal age and have proof of residency and voter registration in order to vote, McCoy stated "voting procedures have evolved over the years." George Barrett, who represented the city of Memphis and two other women from the Memphis area, was seeking an injunction to let residents vote in November without proof of ID, a requirement he contends is burdensome.

Nashville attorney Mark Ellmore died Friday (Sept. 21) at the age of 54. A native of Covington, Ind., Mr. Ellmore had operated his own law practice in Nashville for more than 25 years. He was a graduate of David Lipscomb University and Pepperdine University School of Law. A memorial service will be held Sunday at 2 p.m. Click here to read the full obituary.

The Tennessee Chapter of the American Board of Trial Advocates (ABOTA) has named U.S. District Judge for the Middle District of Tennessee Aleta Arthur Trauger as its Trial Judge of the Year for 2012. ABOTA is a national association dedicated to preserving the constitutional guarantee of a civil jury trial. Trauger has served on the U.S. District Court in Nashville since 1998. Her district has for several years ranked among the top 10 federal courts in the nation for number of trials completed per judgeship.

Andrea McKinnon knew since middle school she wanted to become a lawyer, but she took the roundabout way to achieving that goal. The Memphis native unintentionally yet perfectly structured her career from realtor to tax accountant to, finally, property tax lawyer after the events of Sept.11 made her redirect her life and pursue law. Read more about McKinnon in the Daily News.

Fourteen Maury County inmates have sued Sheriff Enoch George, claiming their living conditions violate the constitutional prohibition on cruel and unusual punishment. The suits allege that the jail has been negligent in its food preparation, sanitation, medical services, bed space and pest control. George gave U.S. District Court Judge William Haynes and others a tour of the jail during the pretrial conference Tuesday. Although cameras were not allowed on the tour, the Daily Herald reported standing water in front of cell doors, spider bites on inmates they claimed were left untreated, and bed mats stained with white and brownish substances. Among the judge’s biggest concerns, he said, were nutrition, hygienic needs, medical requests, overcrowding, environmental and sanitation concerns, recreation and the jail’s grievance procedure.

The law license of Sparta lawyer John E. Acuff was transferred to disability inactive status pursuant to Section 21 of Tennessee Supreme Court Rule 9 on Sept. 24. He cannot practice law while on disability inactive status, but may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law. Download the BPR release

Former Legislative Director Aaron Campbell says he personally briefed Department of Children's Services (DCS) Commissioner Kate O'Day about her responsibility to inform lawmakers of each child fatality and near-fatality in the state — which DCS now acknowledges it has not done in nearly two years. The agency last week released partial information about 31 children who died in the first six months of 2012. The children had all either been in state custody, the subject of an open DCS investigation or had been investigated but whose cases had been closed before they died. DCS lawyer Douglas Dimond conceded that the agency had been violating the law in its requirements to report child deaths. The Tennessee has the story

The two candidates for Senate District 20 -- Republican Steve Dickerson, a doctor, and Democrat Phillip North, a lawyer -- both say they would refuse per diem money if elected, but each has a different idea about what to do with it. The Tennessean interviewed them both about this and many other subjects in their quest to fill the seat of Sen. Joe Haynes, who is retiring after 28 years.